New York A 8721: Provides that a default judgment against a defendant in a foreclosure action does not need to be vacated for such defendant to claim the plaintiff lacks standing or that the statute of limitations has expired

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A08721 Summary:

BILL NOA08721 

&nbsp

SAME ASSAME AS S10529

&nbsp

SPONSORFall

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §1302-a, RPAP L

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Provides that a default judgment against a defendant in a foreclosure action does not need to be vacated in order for the defense of lack of standing or expiration of the statute of limitations to be raised by the defendant.

Go to top A08721 Actions:

BILL NOA08721 

&nbsp

06/02/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA08721 Committee&nbspVotes:

Go to topA08721 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA08721 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8721

 2025-2026 Regular Sessions

 IN ASSEMBLY

 June 2, 2025
 ___________

 Introduced by M. of A. FALL -- read once and referred to the Committee
 on Judiciary

 AN ACT to amend the real property actions and proceedings law, in
 relation to clarifying that a default judgment against a defendant in
 a foreclosure action does not need to be vacated for such defendant to
 claim the plaintiff lacks standing or that the statute of limitations
 has expired

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 1302-a of the real property actions and proceedings
 2 law, as added by chapter 739 of the laws of 2019, is amended to read as
 3 follows:
 4 § 1302-a. [Defense] Defenses of lack of standing and statute of limi-
 5 tations; not waived. Notwithstanding the provisions of subdivision (e)
 6 of rule thirty-two hundred eleven of the civil practice law and rules,
 7 any objection or defense based on the plaintiff's lack of standing or
 8 expiration of the statute of limitations in a foreclosure proceeding
 9 related to a home loan, as defined in paragraph (a) of subdivision six
 10 of section thirteen hundred four of this article, shall not be waived if
 11 a defendant fails to raise the objection or defense in a responsive
 12 pleading or pre-answer motion to dismiss. A defendant may [not] raise an
 13 objection or defense of lack of standing or expiration of the statute of
 14 limitations following a foreclosure sale[, however, unless] if the judg-
 15 ment of foreclosure and sale was issued upon such defendant's default,
 16 even if such judgment has not been vacated.
 17 § 2. This act shall take effect immediately, and shall apply to:
 18 (a) all actions commencing on or after such date; and
 19 (b) any action commencing prior to such date in which a final judgment
 20 of foreclosure and sale has not yet been enforced upon such effective
 21 date.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13246-02-5

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